ACAC - Service Animals in Schools

ACAC - Service Animals forin Students and EmployeesSchools

I.The GeneralBoard Conditions

recognizes

1. Onlythat qualifiedservice individualsanimals may be used to provide assistance to some persons with disabilitiesdisabilities. are eligibleThis topolicy usegoverns the presence of service animals in school.the schools, on school property, including school buses, and at school activities.

    

   DEFINITION  Any

   person

   
   

   who

   As believesapplied heto orschools, shefederal mayand beMaine solaws qualified should address this issue withdefine a building administrator. 

2. “Serviceservice animal” meansas anya guidedog dog,that signal dog, or other animalis individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.  Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. 

    

   The work or tasks performed by a service animal must be directly related to the individual’s disability.  Examples of such work or tasks include, but are not limited to, guidingassisting individualsan individual who is totally or partially blind with impaired visionnavigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting individualsan individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with impairedbalance mobility.and stability Maine Human Rights Commission regulations also include any animal which has been prescribed forto an individual with a mobility disability and helping a person with a psychiatric or neurological disability by a physician, psychiatristpreventing or psychologist.

interrupting
3. impulsive or destructive behaviors. 

    

   The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. 

    

   USE OF SERVICE ANIMALS IN SCHOOLS

    

   Use of a service animal by a qualified student with a disability will be allowed in school when it has beenis determined that the student’s disability requires such use forin the studentorder to have equal access to the services,instructional programsprogram, school services and/or activitiesschool beingactivities.

   offered

    by

   the school.

4. Use of a service animal by ana qualified employee with a disability will be allowed when such use is necessary to enable the employee to perform the essential functions of his or his/her position,job or to enable the employee to enjoy equal benefits and privileges of employment ascomparable areto enjoyedthose by otherof similarly situated employeesnon-disabled withoutemployees.
    disabilities.

5. The Districtparent/guardian willof nota bestudent responsiblewho forbelieves the training,student feeding,needs groomingto orbring care of anya service animal permittedto school, or an employee who wishes to attendbring schoola underservice theseanimal procedures.to Itschool, shallmust besubmit a written request to the responsibilitybuilding ofprincipal. the individual with a disability to ensure the proper care and supervision of the service animal.  The District must approve any person who is authorized to assist in the care and supervision of the service animal.

6. All service animals will wear a harness/saddle bag or vest that identifies them as service animals and will always be on a leash.
7. The employee, or in the case of a student, the student’s parents are liable for any damage to school or personal property and any injuries to individuals caused by the service animal.

II. Review of Service Animal Requests

1. The building principal, in consultation with appropriate administrators, shall make the decisionSection to504 permit, exclude, limitCoordinator or remove a service animal under these procedures. In making such a decision, he or she shall meet and discuss the issue with the employee making the request, or in the caseDirector of aSpecial student,Services, withas a studentappropriate, and the student’sSuperintendent parents.will Thisdetermine discussion should identify the precise limitations resulting from the individual’s disability and the ways in which the service animal may overcome those limitations.

2. The employee,whether or in the case of a student, the student’s parents are requirednot to provide the following in support of their request:

A. Documentation of adequate liability insurance;

B. Copy of current dog license.

C. Certification of current rabies and other vaccinations and certification of good health from a licensed veterinarian;

D. Certification of the service animal’s training;

E. Appropriate documentation for any person besides the employee or student who is proposed to care for the service animal at school;

F. Evidence that the employee or student can maintain appropriate care and control ofpermit the service animal in school. 

3. If

Parents or animal handlers who will be present in school for the purpose of assisting a student with his/her service animal requestwill isbe approved, the District retains the rightrequired to requiresubmit to a sex offender registry and criminal background check.  In addition, parents and handlers must comply with all standards of conduct that updatedapply orto additionalschool informationemployees beand provided.volunteers.

4. 

The Districtschool unit may impose additional conditions based on the employeepresence orof student’sa particularservice circumstancesanimal, and/ordepending develop an individual plan regardingupon the service animal.circumstances.

III. Removal or Exclusion of Service Animals from Schools

1. The Districtbuilding principal may remove, limit,remove or exclude a service animal from the school anyor serviceschool animalproperty for reasons such asif the following:

presence

A.of Thethe animal poses a direct threat to the health orand safety of the studentothers or othersthe atstudent, school, causes a significant disruption of school activitiesemployee or otherwise jeopardizes the safe operation of the school;

B. The animalhandler is unable to performfully reliablycontrol the servicesanimal; or the animal fails to consistently perform the function(s)/service(s) for which it has been approved;

C. The animal is not under the full control of the student or employee with a disability. 

D. The animal is a public health threat as a result of being infested with parasites, or having a communicable disease of the skin, mouth or eyes; 

E. The animal lacks proof of current rabiestrained and other appropriate vaccinations and/or is not properly licensed;

F. The animal is not properly trainedbrought to relieve itself outside the school building. 

G. The animal’s presence significantly impairs the learning of students;

H. The animal’s presence fundamentally alters the nature of any school program; or

I. The employee or, in the case of the student, the student’s parents fail to provide or maintain current documentation required by this policy.

2. If the building principal is considering excluding, limiting or removing the animal for any of the reasons noted in Paragraph #1 above, the principal should also discuss with the employee or the student and a student’s parents what alternative methods may resolve the problems presented by the service animal.  The building principal may also discuss the issue with others who may be of help to him or her in making a decision. 

3. Either the affected employee or the parents of the student may challenge the decision made through the District’s Nondiscrimination/Harassment Complaint Procedure, but during any such challenge, the building principal’s decision shall remain in effect.

 

Legal References: 42 U.S.C. § 12101 et seq.

36 C.F.R. § 104; 302

MAINE HUMAN RIGHTS COMMISSION RULE CHAPTER 7.01     school.

 

A parent or employee whose service animal has been removed or excluded may appeal the decision to the Superintendent.  If dissatisfied with the Superintendent’s decision, the parent or employee may appeal to the Board.

 

SERVICE ANIMALS AT SCHOOL-SPONSORED EVENTS

 

Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property.  The use of a service animal may not be conditioned on the payment of a fee or security deposit, but the individual is liable for any damage done to the premises or facilities by such an animal.

 

The building principal may revoke or exclude the service animal only if the animal poses a direct threat to the health and safety of others, the use of the animal would result in substantial physical damage to the property of others, or would substantially interfere with the reasonable enjoyment of the event or activity by others.

 

Legal Reference: 

 42 USC § 12101 et seq.

 36 CFR § 104, 302

5 MRSA §§ 4553, 4592

Me. Human Rights Commission Rule Chapter 7
 

Cross References:  

 AC - Nondiscrimination, Equal Opportunity, and Affirmative Action

KFC - Public Conduct on School Property

 

Policy Adopted:    September 7, 2005

Policy Reviewed:  February 10, 2014

Policy Revised:  December 7, 2005 and April 27, 2022